Existing law establishes various programs to provide benefits and services to persons with autism spectrum disorders. (NRS 62B.700, 388.449, 391A.250-391A.270, 422.27497, 427A.871-427A.8803, chapter 435 of NRS) Sections 2-9 of this bill establish protections for the privacy of autism-related data maintained by state agencies, local governments and contractors and grantees thereof. Sections 3-5 define certain terms, and section 2 establishes the applicability of those definitions. Section 6 prohibits a state agency, local government or contractor or grantee thereof acting within the scope of the contract or grant from collecting autism-related data except for certain purposes relating to: (1) the provision of benefits or services to persons who have or are suspected of having autism spectrum disorders; and (2) compliance with applicable law. Section 7 prohibits a state agency or local government from disclosing autism-related data to outside persons or entities except: (1) with the informed consent of the person to whom the autism-related data pertains or his or her legal guardian; (2) to comply with certain legal requirements; or (3) where necessary to provide services or supports to the person to whom the autism-related data pertains. Section 7 prohibits a contractor or grantee of a state agency or local government from disclosing autism-related data obtained from the state agency or local government or obtained within the scope of the contract or grant except in those authorized circumstances. Section 9 makes a conforming change to indicate that autism-related data in the possession of a state agency, local government or contractor or grantee thereof is not a public record. Section 8 requires the Office of the Governor to perform a biennial review of compliance by the Executive Department of State Government and the contractors and grantees thereof with the requirements of sections 6 and 7. Section 8 also authorizes the Director of the Department of Health and Human Services to appoint time-limited advisory groups to evaluate and provide recommendations concerning the implementation of sections 2-8.
Except where the person to whom genetic information pertains or his or her legal guardian provides informed consent or in certain other circumstances, existing law makes it a misdemeanor to obtain, retain or disclose genetic information obtained from a genetic test conducted to determine the presence of certain abnormalities or deficiencies. (NRS 629.101-629.201) Section 14 of this bill broadens the information to which those provisions apply to include information obtained from any test to derive and interpret data related to the genetic characteristics of a person. Sections 16 and 17 of this bill additionally make it a misdemeanor to obtain or retain a DNA sample under circumstances where it is currently a misdemeanor to obtain or retain genetic information. Sections 18 and 20 of this bill make the unauthorized disclosure of the identity of a person who was the subject of a genetic test or of genetic information a category E felony. Section 18 additionally makes it a category E felony to intentionally submit the DNA sample of another person for a genetic test or perform or cause the performance of a genetic test on the DNA sample of another person without the informed consent of that person or his or her legal guardian, except in certain circumstances. Section 21 of this bill authorizes a person injured by such unauthorized genetic testing to bring a civil action. Section 12 of this bill newly establishes a category D felony for intentionally selling or otherwise transferring the DNA sample or genetic information of a person to another person or entity without the informed consent of the person from whom the sample was taken or to whom the genetic information pertains, as applicable, or his or her legal guardian, except in certain circumstances. Section 11 of this bill defines the term “DNA sample,” and section 13 of this bill establishes the applicability of that definition and certain existing definitions. Section 15 of this bill makes a conforming change to indicate the applicability of sections 11 and 12. Section 19 of this bill requires the State Board of Health to adopt regulations establishing procedures for obtaining informed consent where required by sections 12 and 16-18.